Ibn Abbas reported Allah's Apostle (may peace be upon
him) as saying: If the people were given according to
their claims, they would claim the lives of persons and
their properties, but the oath must be taken by the
defendant.
Umm Salama reported Allah's Messenger (may peace be
upon him) as saying: You bring to me, for (judgment) your
disputes, some of you perhaps being more eloquent in their
plea than others, so I give judgment on their behalf
according to what I hear from them. (Bear in mind, in my
judgment) if I slice off anything for him from the right
of his brother, he should not accept that, for I sliced
off for him a portion from the Hell.
Umm Salama, the wife of Allah's Apostle (may peace be
upon him), reported that Allah's Messenger (may peace be
upon him) heard the clamour of contenders at the door of
his apartment. He went to them, and said: I am a human
being and the claimants bring to me (the dispute) and
perhaps some of them are more eloquent than the others. I
judge him to be on the right, and thus decide in his
favcur. So he whom I, by my judgment, (give the undue
share) out of the right of a Muslim,. I give him a portion
of Fire; he may burden himself with it or abandon it.
A'isha reported: Hind. the daughter of 'Utba, wife of
Abu Sufyan, came to Allah's Messenger (may peace be upon
him) and said: Abu Sufyan is a miserly person. He does not
give adequate maintenance for me and my children, but (I
am constrained) to take from his wealth (some part of it)
without his knowledge. Is there any sin for me? Thereupon
Allah's Messenger (may peace be upon him) said: Take from
his property what is customary which may suffice you and
your children.
A'isha reported that Hind came to Allah's Apostle (may
peace be upon him) and said: Messenger of Allah, by Allah,
there was no other household upon the surface of the earth
than your household about which I cherished Allah bringing
disgrace upon it, (and now) there is no other household
upon the surface of the earth than your household about
which I cherish Allah granting it honour. Allah's Apostle
(may peace be upon him) said: It is so, by Him in Whose
Hand is my life She said: Allah's Messenger, Abu Sufyan is
a niggardly person. Is there any harm for me if I spend
upon his children out of his wealth without his
permission? Thereupon Allah's Apostle (may peace be upon
him) said: There is no harm for you if you spend upon them
what is reasonable.
A'isha reported that Hind, daughter of Utba h. Rabi',
came to Allah's Messenger (may peace be upon him) and
said: Allah's Messenger, by Allah, there was no household
upon the surface of the earth than your household about
which I cherished that it should be disgraced. But today
there is no household on the surface of the earth than
your household about which I cherish that it be honoured
Thereupon Allah's Messenger (may peace be upon him) said.
It will increase, by Him in Whose Hand is my life. She
then said: Messenger of Allah, Abu Sufyan is a niggardly
person; is there any harm for me if I spend out of that
which belongs to him on our children? He said to her: No,
but only that what is reasonable.
Chapter 3: IT IS FORBIDDEN TO ASK MANY QUESTIONS
AND WASTING OF WEALTH
Abu Huraira reported Allah's Messenger (may peace be
upon him) as saying: Verily Allah likes three things for
you and He disapproves three things for you. He is pleased
with you that you worship Him and associate nor anything
with Him, that you hold fast the rope of Allah, and be not
scattered; and He disapproves for you irrelevant talk,
persistent questioning ane the wasting of wealth.
Mughira b. Shu'ba reported Allah's Messenger (may peace
be upon him) as saying: Verity Allah, the Glorious and
Majestic, has forbidden for you: disobedience to mothers,
and burying alive daughters, withholding the right of
others in spite of having the power to return that to them
and demanding that (which is not one's legitimate right).
And He disapproved three things for you; irrelevant talk,
persistent questioning and wasting of wealth.
Sha'bi reported that the scribe of al-Mughira b. Shu'ba
said: Mu'awiya wrote to Mughira: Write for me something
which you heard from Allah's Messenger (may peace be upon
him) ; and he wrote: I heard Allah's Messenger (may peace
be upon him) as saying. Verily Allah disapproves three
thingq for you: irrelevant talk, wasting of wealth and
persistent questioning.
Warrad reported that al-Mughira wrote to Mu'awiya:
Peace be upon you, and then coming to the poirt (I should
say) that I heard Allah's Messenger (may peace be upon
him) as saying: Verily Allah has Prohibited three things
and has forbidden three things. He has declared absolutely
haram the disobedience of father, burying of daughters
alive, and withholding that which you have power to
return, and has forbidden three things: irrelevant talk,
persistent questioning, and wasting of wealth.
Chapter 4: THE REWARD OF THE JUDGE WHEN HE TRIES
TO ARRIVE AT A DECISION, WHETHER THAT DECISION IS CORRECT OR
INCORRECT
'Amr b. al-'As reported that he heard Allah's Messenger
(may peace be upon him) as saying: When a judge gives a
decision, having tried his best to decide correctly and is
right, there are two rewards for him; and if he gave a
judgment after having tried his best (to arrive at a
correct decision) but erred, there is one reward for him.
Abd al-Rabmin b. Abu Bakra reported: My father dictated
(and I wrote for him) to Ubaidullah b. Abu Bakra while he
was the judge of Sijistan: Do not judge between two
persons when you are angry, for I have heard Allah's
Messenger (may peace be upon him) as saying: None of you
should judge between two persons when he is angry.
'A'isha reported Allah's Messenger (may peace be upon
him) as saying: He who innovates things in our affairs for
which there is no valid (reason) (commits sin) and these
are to be rejected.
Sa'd b. Ibrahim reported: I asked Qasim b. Muhammad
about a person who had three dwelling houses and he willed
away the third part of every one of these houses; he (Qasim
b. Muhammad) said: All of them could be combined in one
house; and then said: 'A'isha informed me that Allah's
Messenger (may peace be upon him) said: He who did any act
for which there is no sanction from our behalf, that is to
be rejected.
Zaid b. Khalid al-Juhani reported Allah's Apostle (may
peace be upon him) as saying: Should I not tell you of the
best witnesses? He is the one who produces his evidence
before he is asked for it.
Chapter 8: THE DIFFERENCE OF THOSE WHO ENDEAVOUR
TO ARRIVE AT THE CORRECT DECISION
Abu Huraira reported Allah's Apostle (may peace be upon
him) as saying: While two women had been going along witn
their two sons, a wolf came and made away with the child
of one of them. One of them said to her companion: It is
with your child that it (the wolf) has run away The other
one said: It has run away with your child. They brought
the matter to (Hadrat) Dawud (David) for decision and he
made a decision in favour of the elder one. They then went
to Sulaiman b. Dawud (may there be peace upon both of
them) and told them (the story). He said: Bring me a knife
so that I may cut him (the child) (into two parts) for
you. The younger one said: No, it can't be, may Allah have
mercy upon you, he (the child) belongs to her (the elder).
So he gave a decision in favour of the younger one. abu
Huraira said: If ever I heard of the word as-sikin at all,
it was that day. We called it by no other name but al-Mudya.
Hammim b. Munabbih said: Abu Huraira reported (so many)
ahadith of Allah's Messenger (may peace be upon him), and
one of them is this: A person bought from another person a
piece of land, and the person who had, bought that land
found in it an earthen ware which contained gold. The
person who had bought the land said (to the seller of the
land): Take your gold from me, for I bought only the land
from you and not the gold. The man who had sold the land
said: I sold the land to you and whatever was in it. They
referred the matter to a person. One who was made as a
judge said to them: Have you any issue? One of them said:
I have a boy, and the other said: I have a young daughter
He (the judge) said: Marry this young boy with the girl,
and spend something on yourselves and also give (some)
charity out of it.
Zaid b. Khalid al-Juhani reported: A man came to
Allah's Apostle (may peace be upon him) and asked him
about picking up of stray articles. He said: Recognise
(well) its bag and the strap (by which it is tied) then
make announcement of that for a year. If its owner comes
(within this time return that to him), otherwise it is
yours. He (again) said: (What about) the lost goat?
Thereupon he (the Holy Prophet) said: It is yours or for
your brother, or for the wolf. He said: (What about) the
lost camel? Thereupon he said: You have nothing to do with
it; it has a leather bag along with it, and its shoes
also. It comes to the watering-place, eats (the leaves of
the) trees until its master finds him.
Zaid b. Khalid al-Juhani reported that a person asked
Allah's Apostle (may peace be upon him) about picking up
of stray articles, whereupon he said: Make announcement
about it for a year, and recognise well the strap and the
bag (containing that) ; then spend that; and if its owner
comes, make him the payment of that. He (the inquirer)
said: Messenger of Allah, what about the lost goat? he
said: Take it, for that is yours or for your brother, or
for the wolf. He (again) said: (What about) the lost
camel? The Messenger of Allah (may peace be upon him) was
enraged until his cheeks became red (or his face became
red) and then said: You have nothing to do about that; it
has feet and a leather bag (to quench its thirst) until
its owner finds it.
This hadith has been narrated on the authority of
Rabi'a b. Abu Abd al-Rahman with the same chain of
transmitters but with this addition:" There came a person
to Allah's Messenger (may peace be upon him) while I was
with him, and he asked him about picking up of a stray
article, and he said: When none comes to demand it, then
spend that."
Zaid b. Khalid al-Juhani reported. There came to
Allah's Messenger (may peace be upon him) a person, the
rest of the hadith is the same but with the variation (of
these words): His face became red, his forehead too, and
he felt annoyed; and made an addition after the words: He
should make announcement of that for a year, and if its
owner does not turn up, then it is a trust with you.
Zaid b. Khalid al-Juhani, the Companion ot Allah's
Messenger (may peace be upon him), said that Allah's
Messenger (may peace be upon him) was asked about the
picking up of stray gold or silver, whereupon he said:
Recognise well the strap and the bag (containing) that and
then make an announcement regarding that for one year, but
if none recognises it, then spend that and it would be a
trust with you; and if someone comes one day to make
demand of that, then pay that to him. He (the inquirer)
asked about the lost camel, whereupon he said: You have
nothing to do with that. Leave that alone, for it has feet
and also a leather bag, it drinks water, and eats (the
leaves) of the trees. He asked him about sheep, whereupon
he said: Take it, it is for you, or for your brother, or
for the wolf.
Zaid b. Khalid al-Juhani reported: A person asked
Allah's Apostle (may peace be upon him) about a lost
camel; Rabi'a made this addition: He (the Holy Prophet)
was so much annoyed that his cheeks became red." The rest
of the hadith is the same. He (the narrator) made this
addition:" If its (that of the article) owner comes and he
recognises the bag (which contained it) and its number,
and the strap. then give that to them, but if not, then it
is for you."
Zaid b. Khalid al-Juhani reported that Allah's
Messenger (may peace be upon him) was asked about picking
up of stray things, whereupon he said: Make announcement
of that for one year, but if it is not recognised (by the
owner), then recognise its big and strap, then eat it; and
if its owner comes, then give that to him. This hadith has
been narrated on the authority of Al-Dahhak b. Uthman with
the same chain of transmitters but with a slight variation
of words.
Salama b. Kuhail reported: I heard Sowaid b. Ghafala
say: I went out, and also Zaid b. Suhan and Salman b.
Rabi'a for Jibad, and I found a whip and took it up. They
said to me: Leave it. I said: No. but I will make
announcement of it and if its owner comes (then I will
return that), otherwise I will use it, and I refused them.
When we returned from Jihad. by a good fortune for me, I
performed Pilgrimage. I came to Medina and met Ubayy b.
Ka'b, and related to him the affair of the whip and their
opinion (the opinion of Zaid b. Suhan and Salman b. Rabi'a)
about it (i. e. I should throw it). Thereupon he said: I
found a money bag during the lifetime of Allah's Messenger
(may peace be upon him) which contained one hundred dinars.
I came to him along with it, and he said: Make an
announcement of it for one year; so I announced it, but
did not find anyone who could (claim it after) recognising
it. I again came to him and he said: Make announcement for
one year. So I made announcement of it, but I found none
who could recognise it. I came to him he said: Make
announcement of it for one year. I made announcement of
that but did not find one who could recognise it,
whereupon he said: Preserve (in your mind) its number, its
bag and its strap, and if its owner comes (then return
that to him), otherwise make use of it. So I made use of
that. I (Shu'ba) met him (Salama b. Kuhail) after this in
Mecca, and he said: I do not know whether he said three
years or one year.
Shu'ba reported: Salama b. Kuhail informed me or he
informed people and I was among them. He said: I heard
Sawaid b. Ghafala who reported: I went out along with Zaid
b. Suhan and Salman b. Rabi'a, and found a whip, the rest
of the hadith is the same up to the words:" I made use of
that." Shu'ba said: I heard him say after ten years, that
he made an announcement of it for one year.
This hadith has been narrated on the authority of
Salama b. Kuhail through different chains of transmitters.
In their ahadith, it is three years, except in the hadith
of Hammid b. Salama it is two years or three years. In the
hadith transmitted on the authority of Sufyan and Zaid b.
Abu Unaisa and Hammid b. Salama (the words are):" If
someone comes and informs you about the number (of
articles) of the bag and the straps, then give that to
him." Sufyan has made this addition in the narration of
Waki':" Otherwise it is like your property." And in the
narration of Ibn Numair the words are:" Otherwise make use
of that."
'Abd al-Rahman b. 'Uthman al-Taimi reported that
Allah's Messenger (may peace be upon him) forbade taking
into custody the stray thing of the pilgrims.
Zaid b. Khalid al-Juhani reported Allah's Messenger
(may peace be upon him) as sayin.: He who found a stray
article is himself led astray if he does not advertise it.
Chapter 12: IT IS FORBIDDEN TO MILK AN ANIMAL
WITHOUT THE PERMISSION OF ITS OWNER
Ibn 'Umar reported Allah's Messenger (may peace be upon
him) having said this: None (of you) should milk the
animal of another, but with his permission. Does any one
of you like that his chamber be raided, and his vaults be
broken, and his foodstuff be removed? Verily the treasures
for them (those who keep animals) are the udders of the
animals which feed them. So none of you should milk the
animal of another but with his permission.
Abd Shuraib al-Adawi reported: My eare listened and my
eye saw when Allah's Messenger (may peace be upon him)
spoke and said: He who believes In Allah and the eireafter
should show respect to the guest even with utmost kindness
and courtesy. They said: Messenger of Allah, what is this
utmost kindness and courtesy? He replied: It is for a day
and a night. Hospitality extends for three days, and what
is beyond that is a Sadaqa for him; and he who believes in
Allah and the Hereafter should say something good or keep
quiet.
Abu Shuriah al-Khuza'i reported Allah's Messenger (may
peace be upon him) as saying: (The period of the
entertainment of a guest is three days, and utmost
kindness and courtesy is for a day and a night. =" It is
not permissible for a Muslim to stay with, his brother
until he makes him sinful. They said: Messenger of Allah,
how he would make him sinful? He (the Holy Prophet) said:
He stays with him (so long) that nothing is left with him
to entertain him.
Sa'id al-Maqburi reported: I heard Abu Shuraih
al-Khuzill saying: My ears heard and my eyes saw and my
mind retained it, when Allah's Messenger (may peace be
upon him) spok this, and he then narrated the hadith and
made mention of this:" It is not permissible for any one
of you to stay with his brother until he makes him
sinful."
'Uqba b. Amir reported: We said to Allah's Messenger
(may peace be upon him): You send us out and we come to
the people who do not give us hospitality, so what is your
opinion? Thereupon Allah's Messenger (may peace be upon
him) said: If you come to the people who order for you
what is befitting a guest, accept it; but if they do not.
take from them what befits them to give to a guest.
Chapter 14: IT IS MERITORIOUS TO SPEND THE
SURPLUS WEALTH FOR ONE'S BROTHER
Abu Sa'id al-Khudri reported: While we were with the
Apostle of Allah (may peace be upon him) on a journey, a
person came upon his mount and began to stare on the right
and on the left, (it was at this moment) that Allah's
Messenger (may peace be upon him) said: He who has an
extra mount should give that to one who has no mount for
him, and he who has surplus of provisions should give them
to him who has no provisions, and he made mention of so
many kinds of wealth until we were of the opinion that
none of us has any right over the surplus.
Chapter 15: IN CASE THE PROVISIONS RUN SHORT,
THESE SHOULD BE POOLED
Iyas b. Salama reported on the authority of his father:
We set out on an expedition with, Allah's Messenger (may
peace be upon him). We facts hardship (in getting
provisions) until we decided to slaughter some of our
riding animals. Allah's Apostle (may peace be upon him),
commanded us to pool our provisions of food. So we spread
a sheet of leather and the provisions of the people were
collected on it. I stretched myself to measure how much
that was (the length and, breadth of the sheet on which
the provisions were laid). I measured it and (found) that
it was (in length and breadth) of (so much size) on which
a goat could sit. We were fourteen hudnred persons. We
(all) ate until we were fully satisfied and then filled
our bags with provisions. Then Allah's Apostle (may peace
be upon him) said: Is there any water for performing
ablution. Then there came a man with a small bucket
containing some water. He threw it in a basin. We all
fourteen hundred persons performed ablution using the
water in plenty. Then there came after that eight persons
and they said: Is there any water to perform ablution?
Thereupon Allah's Messenger (may peace be upon him) said:
The ablution has already been performed.